How do you know if you need a Will Notarized?
And really, it just depends on the jurisdiction that you're living with because all states have different laws regarding what is a valid last will and testament. Now, there's some general common law, what they call them rules that outline what kind of a the baseline for a last will and testament. But if you're going to have a last will and testament and you're going to have witnesses involved, then in most cases, you are going to be required to have a notary public there to identify who the witnesses are.
Make sure that everybody actually has capacity, that you have the person signing, the last will has capacity, and that the two people who are going to be the witnesses actually have capacity and can be identified if a will is ever contest. Sorted, then you want to be able to go back and find those witnesses, find that notary, and have them be able to testify under oath in court that they were actually there and that the person signing had a capacity that all the witnesses had a capacity and the notary would testify to the same and notary would also testify that they actually saw their driver's license and actually legally identify the witnesses and the person signing as all the proper actual parties.
Having a notary present
So I would say in most cases it is a very good idea to have a notary. And if you go to an estate planning attorney and have them prepare your last will and testament, they will make sure that all the requirements in your particular jurisdiction are followed so that if somebody tries to contest it later on, you will be able to identify who all the proper parties are and have a notary that will be able to say, Yes, I was there. I identified each individual person and they were who they said they were.
Now, if you do a holographic will, which is a handwritten will, then a notary is usually not involved. A loved one is actually handwriting it and then they're signing it at the bottom. And in that case, you usually just want the person that's doing it to sign it and that's it. But again, it depends on your jurisdiction. So check with the laws and the regulations and check with an estate planning attorney in your jurisdiction to make sure that your last will and testament is done correctly. We have had last will and testament thrown out when somebody has only been able to produce a copy and not the original will. It's very important to have all your I's dotted and your t's crossed.
So check with a estate planning attorney. I know I've thrown a lot at you today, so that's why we've prepared our free guide on estate planning. I'll put a link to it in the description below and in the comment section below that so that you can download it and get started in the right direction and to help you out even more. Watch this video up here and this video up here. If you enjoyed this video, then guys please smash that subscribe button and click on the like button and also click on that little bell. So you'll get notified every time we post a new video. Have a great day and an awesome week. And as always, thanks for watching.
Find us on TikTok
Find us on Facebook
Find us on Birdeye
Find us on Instagram
Directions on Google Maps
Videos on YouTube
Find us on YELP
Find us on Twitter
Find us on AVVO
Cortes Law Firm
5801 Broadway Extension Hwy Suite 110
Oklahoma City, OK, 73118